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Neighbor cut down our tree (6 Viewers)

gianmarco said:
Yes, we are going written record forward with any negotiations.

I still haven't heard anything from him since sending the email Monday evening. Just texted him to confirm receipt.
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I like the way you handled things but I think $10,000 is a bit ridiculous.   I am not sure how he is going to react but I could see him being an SOB neighbor until one of you moves.

 
ChiefD said:
Does your wife know you are planning on filing for divorce in 2020?
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lol I told her that we added it and a co-worker told me earlier in the year he wished he had it when he got his divorce 

i told her child support and alimony would still make it cost prohibitive 

 
Godsbrother said:
I like the way you handled things but I think $10,000 is a bit ridiculous.   I am not sure how he is going to react but I could see him being an SOB neighbor until one of you moves.
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No, what’s ridiculous is that this a sshat cut down Gian’s tree when he knew he legally couldn’t.  #### this guy.  He deserves to suffer a bit financially after pulling crap like this.  

 
Godsbrother said:
I like the way you handled things but I think $10,000 is a bit ridiculous.   I am not sure how he is going to react but I could see him being an SOB neighbor until one of you moves.
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Let's just look at it this way.

I had and lost an 80 foot tall mature tree with 17" trunk size.

He can put in a 30 foot tall mature tree with 9" trunk size.

Do you feel that I've been made whole with that, especially considering he knowingly took down a tree he shouldn't have?

To do just the above costs $5K.
 
gianmarco said:
Let's just look at it this way.

I had and lost an 80 foot tall mature tree with 17" trunk size.

He can put in a 30 foot tall mature tree with 9" trunk size.

Do you feel that I've been made whole with that, especially considering he knowingly took down a tree he shouldn't have?

To do just the above costs $5K.
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I guess not, I agree with you on principle but making the guy pay $10,000 for a tree seems excessive, especially since part of it was on his property too.  

 
Godsbrother said:
I guess not, I agree with you on principle but making the guy pay $10,000 for a tree seems excessive, especially since part of it was on his property too.  
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I get it.  I wish it wasn't so damn expensive.  I wish the guy had access to the above kind of tree and could just plant it and get it done.

But they are expensive.  And there's a reason landscaping costs so much.  And why people landscape their yards.  And why the law is written to enforce a triple penalty on someone taking down a tree that they don't have a right to take down. 

It sucks but he has no one to blame but himself for creating this situation.  If I felt this was an accident, I would try to be more accommodating.  But it wasn't and I won't be.  To make things worse, his attempt to make it right was awful.  So, the more this drags on and the more information I get about him and his actions, the less sympathetic I get with each passing moment.

 
gianmarco said:
I get it.  I wish it wasn't so damn expensive.  I wish the guy had access to the above kind of tree and could just plant it and get it done.

But they are expensive.  And there's a reason landscaping costs so much.  And why people landscape their yards.  And why the law is written to enforce a triple penalty on someone taking down a tree that they don't have a right to take down. 

It sucks but he has no one to blame but himself for creating this situation.  If I felt this was an accident, I would try to be more accommodating.  But it wasn't and I won't be.  To make things worse, his attempt to make it right was awful.  So, the more this drags on and the more information I get about him and his actions, the less sympathetic I get with each passing moment.
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Yep I understand.  The dude made a major mistake cutting that tree down without your approval and most likely did it on purpose so I get it.

 
DJackson10 said:
I really don't want to be that guy but figure out who he hired. Talk to them see what they say. If its reasonable to ask for compensation then try getting it. Also where these guys foreign looking like SPainish etc types that usually do these jobs with non reputable companies? if so you can find out how legit the business is and if they are also here legally. If they are not legit and here illegally that's even more trouble he's getting in as well. Again I'm not saying to do this just because. You need to look at all your options here. 
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Good schtick 

Show up in a 2 week old thread that is 10 pages long and start making statements and asking questions on posts on the 1st page that have been answered and dealt with already.

7/10

 
Brief email update from him:

1) His appraisal was $2500

2) 20% of the tree was his, so the value of what we lost is $2000.

3) The spruce trees we asked for are far more than the value of the tree.

4) He's willing to put $2K value in of trees or cut us a check for $2K.

We will respond later tonight. Quick thoughts on the above:

--I knew he was trying to only factor in part of the value of the tree

--He had that value but still started offering a fraction of that amount tells me a lot about him.

--The email was cordial. Our response will be as well. He's at least closer to where we need to be. 

 
gianmarco said:
Brief email update from him:

1) His appraisal was $2500

2) 20% of the tree was his, so the value of what we lost is $2000.

3) The spruce trees we asked for are far more than the value of the tree.

4) He's willing to put $2K value in of trees or cut us a check for $2K.

We will respond later tonight. Quick thoughts on the above:

--I knew he was trying to only factor in part of the value of the tree

--He had that value but still started offering a fraction of that amount tells me a lot about him.

--The email was cordial. Our response will be as well. He's at least closer to where we need to be. 
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Email This To Him

 
gianmarco said:
Brief email update from him:

1) His appraisal was $2500

2) 20% of the tree was his, so the value of what we lost is $2000.

3) The spruce trees we asked for are far more than the value of the tree.

4) He's willing to put $2K value in of trees or cut us a check for $2K.

We will respond later tonight. Quick thoughts on the above:

--I knew he was trying to only factor in part of the value of the tree

--He had that value but still started offering a fraction of that amount tells me a lot about him.

--The email was cordial. Our response will be as well. He's at least closer to where we need to be. 
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This is a good learning lesson for folks.

Most people would think, 2k for a tree? Take it and run....I PAID $2300 to cut down a tree in my yard and you're thinking 2k for a tree is not enough?? 

People like me would chock this up to a mistake and I'd want to be the nice guy and would probably feel bad accepting any money.

I would have had no knowledge of the law or my rights....meanwhile Joe neighbor (imo) went through this whole process knowing it's easier to deal with a tree that is now gone than try to convince you to take it down. On the off chance Joe neighbor didn't know about tree laws...now he will.

 
comfortably numb said:
This is a good learning lesson for folks.

Most people would think, 2k for a tree? Take it and run....I PAID $2300 to cut down a tree in my yard and you're thinking 2k for a tree is not enough?? 

People like me would chock this up to a mistake and I'd want to be the nice guy and would probably feel bad accepting any money.

I would have had no knowledge of the law or my rights....meanwhile Joe neighbor (imo) went through this whole process knowing it's easier to deal with a tree that is now gone than try to convince you to take it down. On the off chance Joe neighbor didn't know about tree laws...now he will.
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Yep. My initial reaction when he met with me the morning after was "ok, it was a mistake, he's sorry".  Naive reaction.

But after input from here, further thinking on the situation, and then further investigation, it's completely clear that's exactly what happened.  Others here nailed it early on.

He's tried to start really low. He's since come up substantially without much pushing from us.  That tells me he knows what's going on and is still trying to get out of this pretty "cheaply" while getting exactly what he wanted.

 
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gianmarco said:
Brief email update from him:

1) His appraisal was $2500

2) 20% of the tree was his, so the value of what we lost is $2000.

3) The spruce trees we asked for are far more than the value of the tree.

4) He's willing to put $2K value in of trees or cut us a check for $2K.

We will respond later tonight. Quick thoughts on the above:

--I knew he was trying to only factor in part of the value of the tree

--He had that value but still started offering a fraction of that amount tells me a lot about him.

--The email was cordial. Our response will be as well. He's at least closer to where we need to be. 
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Tell him you want a 50 year old Hickory.

 
Email summary of our response:

1) Our appraisal is higher (full amount included)

2) You are responsible for the entire tree, not a portion, and ultimately at three times the replacement amount (link to Missouri statute included)

3) One spruce tree does not replace what we lost.

4) We know you were aware of the tree being on our property.

5) We'd like to avoid any litigation.

6) We'd like two 9" Norway Spruce trees.

Thanks

 
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I've followed this thread but are you 100% locked in on your interpretation of what you are owed here?   Have you had a non internet person review this?

 
I like your firm approach. #thatswhatshesaid

No need to negotiate further. This guy clearly doesn't want to take full responsibility for destroying your property. So either he agrees to your terms or you go the legal route. #teamgianmarco #Fthatguy #mamadidntraisenofool #jesussaves

 
Beef Ravioli said:
Since my initial comment, more details came out and I believe (along with most in this thread) the neighbor knew what he was doing. I’m pushing for @gianmarco to hold out till he gets what satisfies him. 
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Yeah he knew what he was doing from this point on. I think he should hold out. If the guy keeps low balling him and the law doesn't scare him @gianmarco needs to make his time there a living hell. Eventually the guy may think this isn't worth it and leave and go somewhere else or cave in. At this point it's getting to the point no more mr nice neighbor the gloves are coming off. Guys like this VP Construction clown always need to be taken down a notch or two and if you have the chance you do it. Guys like this clown give my Dad and other great contractors and other construction guys like them bad names. 

 
I think you handled this well.  I think if he comes back again without agreeing, you need to ask for the name of his arborist.  Both the one that took down the tree, plus the one that appraised the tree(if they were different).  It's likely that if he's willing to be a #### about the process before this that he's also willing to lie about an appraisal.   You also need testimony from the tree cutters about why they took down that tree especially if it ends up in court.

Also, you're a better person than I am.  If I had an email where he stated he owed me at least $2000 according to his own estimates and his first offer was less than $500 worth of trees I would've gone off on him for being a huge ######.  Of course I don't really care if my neighbors like me so YMMV.

 
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gianmarco said:
Email summary of our response:

1) Our appraisal is higher (full amount included)

2) You are responsible for the entire tree, not a portion, and ultimately at three times the replacement amount (link to Missouri statute included)

3) One spruce tree does not replace what we lost.

4) We know you were aware of the tree being on our property.

5) We'd like to avoid any litigation.

6) We'd like two 9" Norway Spruce trees.

Thanks
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Good response and too the point and not only that but you finally officially tell him "yeah we new you tried to F us over but guess what you aren't and we aren't letting this go until we get what is rightfully owed to us by law." 

Clowns like this guy make me sick 

 
Punxsutawney Phil said:
9) Immigration officials will be keeping an eye on your job site for any foreign looking like SPainish etc types 
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Honestly I'd do that without even telling him. We had a neighbor in my old neighborhood who's house was next door to I believe the mother or Father parents. Both people lived across the street from us almost directly and were terrible people. The dad owned some type of blue collar work place can't remember construction or Landscaping (Escapes me right now). Either way he had hired guys working for him. They were doing some work at His or his wife's parents house (again can't remember who's the parents were) and My dad called in for permit violations as some of the stuff going on was effecting us across the street and other neighbors. Township came and well they hit the jack pot. Dude had a whole bunch of illegals working for him. The work wasn't being done by Township guidelines so he was arrested and the work halted. My dad only called for a permit violation but got more then what he anticipated out of it.

If my dad was in @gianmarco's spot he'd have already been less cordial to this guy being in the construction buisness himself (Props to you dude for acting as nice as possible to him as well). He absolutely hates guys like this neighbor. Given my dad's overwhelming interesting in googling and researching things (This is the guy who said to my mom they didn't need a laptop yet spends 5Xs the amount of time on it then her now since then), he'd have researched this guy's company hired a PI to investigate the dude's business and everything. Find any violation he could with this guys company and hang it over his head. 

 
@gianmarco forgive me if you mentioned this but have you found out anymore info on the guys who took the tree down? Ask why it was taken down and who gave them the orders or ok to do so? I think you need to do this if you haven't already. If they know it wasn't their fault they won't lie to you. Some of these companies hire a lot of illegals as well (Because they can under pay them for the work again High $$$$ business) and would rather be frank with you then get hit with fines and stuff for having illegals work for them. Hit up the company and you might be surprised what you get or may not get from them. At this point according to the aborist you talked to the guy refused to cut that tree down and lost the bid so you got a pretty nice idea whoever this guy hired simple didn't care about this and followed orders. They might to keep themselves out of anymore trouble just rat the guy out to you themselves. 

I hope you are also documenting everything in the case you have to use litigation. It's incredible helpful and someone well arms with facts and proof is way more dangerous then some ####### VP like this clown. Make sure you have it documented. Hopefully for your sake this ends soon and he comes to his senses. However I have a feeling he's gonna try and drag this out as long as he can and hope you cave in to his demands 

 
gianmarco said:
Email summary of our response:

1) Our appraisal is higher (full amount included)

2) You are responsible for the entire tree, not a portion, and ultimately at three times the replacement amount (link to Missouri statute included)

3) One spruce tree does not replace what we lost.

4) We know you were aware of the tree being on our property.

5) We'd like to avoid any litigation.

6) We'd like two 9" Norway Spruce trees.

Thanks
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Great response. You have handled this entire situation perfectly, IMO.  

 
gianmarco said:
Email summary of our response:

1) Our appraisal is higher (full amount included)

2) You are responsible for the entire tree, not a portion, and ultimately at three times the replacement amount (link to Missouri statute included)

3) One spruce tree does not replace what we lost.

4) We know you were aware of the tree being on our property.

5) We'd like to avoid any litigation.

6) We'd like two 9" Norway Spruce trees.

Thanks
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Great response. Still no police report?

I'd consider getting a couple appraisals of the tree's value, as I'm sure he knows a tree guy who will low-ball the estimate.

 
gianmarco said:
Email summary of our response:

1) Our appraisal is higher (full amount included)

2) You are responsible for the entire tree, not a portion, and ultimately at three times the replacement amount (link to Missouri statute included)

3) One spruce tree does not replace what we lost.

4) We know you were aware of the tree being on our property.

5) We'd like to avoid any litigation.

6) We'd like two 9" Norway Spruce trees.

Thanks
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Good response, but I think those are really small trees.

 
encaitar said:
I think you handled this well.  I think if he comes back again without agreeing, you need to ask for the name of his arborist.  Both the one that took down the tree, plus the one that appraised the tree(if they were different).  It's likely that if he's willing to be a #### about the process before this that he's also willing to lie about an appraisal.   You also need testimony from the tree cutters about why they took down that tree especially if it ends up in court.

Also, you're a better person than I am.  If I had an email where he stated he owed me at least $2000 according to his own estimates and his first offer was less than $500 worth of trees I would've gone off on him for being a huge ######.  Of course I don't really care if my neighbors like me so YMMV.
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As to the first part, yes, that will likely be next. As mentioned above, I don't think there will be much more negotiation. Our last email to him is obvious that we are serious about getting this resolved properly.  

At this point, if he agrees to planting one of those trees, I'll probably go along with it and call it a day. While it doesn't make us whole, it gets us close to there. But I wasn't going to back down from our initial request just because he decided to start low and come up to where he should have started at a minimum.

I also have a written record of him admitting fault and getting appraisals.  This was important and part of why we kept it to emails as well. 

The tone of the email was not hostile but it was firm.

Someone asked if we've reviewed this with a non-internet person. The answer is somewhat, but not to the extent that I'm 100% sure I will get what I'm asking for. I am, confident, though, that he's in the wrong, and based on everything I've otherwise learned, I could get that information after officially meeting with an attorney that specializes in this if I need to. 

Based on his last email, even if things turn further south and then he tries to rescind what he offered, I feel quite comfortable knowing I can get that back at a minimum. So, I'll be interested to see what his response will be because it will let me know how accurate my assessment of the situation is. I hope I've gotten it right. 

I'm pretty sure this is where it will get serious.

 
Terminalxylem said:
Great response. Still no police report?

I'd consider getting a couple appraisals of the tree's value, as I'm sure he knows a tree guy who will low-ball the estimate.
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The appraisal we got was actually two separate arborists. They each have their independent assessment and then settled at that number.

 
gianmarco said:
The appraisal we got was actually two separate arborists. They each have their independent assessment and then settled at that number.
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Sorry I missed that. I remember somebody mentioning getting the opinion of a landscaper who plants similar trees. Not sure if that will change things, but it may be helpful to have an estimate from a guy who can actually do the job. 

Hopefully your neighbor decides to the do right thing and accept your proposal.

 
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I think at this point you go all "Feds on Laurie Laughlin."  You offered a fair deal.  He rejected.  Now you come back with the highest amount.  You gave a chance for him to get off lightly, he refused, so now you go after him for everything you can.

 
TheIronSheik said:
I think at this point you go all "Feds on Laurie Laughlin."  You offered a fair deal.  He rejected.  Now you come back with the highest amount.  You gave a chance for him to get off lightly, he refused, so now you go after him for everything you can.
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Metal folding chair to the head off the top rope, FTW IMO. 

 
What I don't get through this whole ordeal is why a tree on a property line was so critical to his landscaping plans that he would want it gone in the first place.  Even if it was completely on his side you would think he would want to keep it as a natural dividing line.  Is he planning to put a fence up near the property line?

ETA:  It's not like it was some scraggly eyesore bushes or something.

 
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WDIK2 said:
What I don't get through this whole ordeal is why a tree on a property line was so critical to his landscaping plans that he would want it gone in the first place.  Even if it was completely on his side you would think he would want to keep it as a natural dividing line.  Is he planning to put a fence up near the property line?

ETA:  It's not like it was some scraggly eyesore bushes or something.
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We've covered this already.

Acorns

@belljr

 
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